The compensation payable for death caused by negligent motor driving is to be determined according to the existing principles of law of torts applicable to India as modified by Indian Legislation.

V. S. Deshpande, J.

( 1 ) THESE are cross appeals under Section 110-D of the Motor Vehicles Act, 1939 as amended by Act 100 of 1956 (hereinafter called the Act) against the award of compensation given under Section 110-B thereof by the Motor Accidents Claims Tribunal, Delhi, (hereinafter called the Tribunal ). Appeal No. 89-D of 1965 is by the claimants for enhancing the compensation awarded by the Tribunal, while Appeal No. 89-D of 1965 is by the respondents for dismissing the claim for compensation altogether or for reduction of the amount of compensation.

( 2 ) ON 13-6-1963 a motor truck belonging to M/s Gopal Singh Ghanshyam Dass in charge of the driver, Bakshi Ram, ran over and killed one Shri Ajit Singh on old Rohtak Road, Delhi. The truck was insured against third party risks with M/s Vanguard. Insurance Company Ltd. Smt. Amarjit Kaur widow of the deceased Ajit Singh, and their children applied to the Tribunal under Section 110-D of the Act for award of compensation for the death of Ajit Singh alleging that it was due to the rash and negligent driving of the motor truck. They said that the monthly income of Ajit Singh at the time of his death was Rs. 1,200. 00 per month. The application was resisted by the truck owners and the Insurance Company, who denied that the death of Ajit Singh was caused by the negligence of the driver and alleged that the negligence or contributory negligence of Ajit Singh himself was the cause of his death. The tribunal found that the death of Ajit Singh was caused by the negligence of the truck driver. In assessing the amount of compensation, the Tribunal held that the net income of Ajit Singh at the time of his death was Rs. 750. 00 per month. Out of this amount, Ajit Singh spent about Rs. 275. 00 per month on himself and for his personal expenses. After the death of Shri Ajit Singh his legal representatives derived an income of Rs. 300. 00 per month from his business, which has been inherited by the legal representatives. Deducting these amounts from the net income of Ajit Singh the net loss to the dependents by the death of Ajit Singh came to Rs. 175. 00 per month. Ajit Singh probably would have lived far another 15 years if he had not been killed. The total amount of the net loss spread over 15 years would, therefore, come to Rs. 31,800. 00 This amount, which the claimants would have got during the period of 15 years, if Ajit Singh had lived, was reduced by 10% as the compensation was immediately payable to the claimants. The amount so reduced came to Rs. 28,620. 00. Out of this amount Rs. 14,000. 00 were deducted as the insurance money paid to the widow of the deceased, Rs. 5,000. 00 as the value of the membership and part purchase of the Industrial plot by the deceased and Rs. 1000. 00 as the amount received by the widow of the deceased from the Chit Fund on the death of the deceased. Thus, a net compensation of Rs. 8,620. 00 only was awarded to the claimants by the Tribunal. The various points for decision arising out of the argument of the learned counsels for both the sides may be dealt with broadly under two headings:-

(1) Was the death of Ajit Singh caused by the negligence of the truck driver or was it caused by the negligence of Ajit Singh himself or at any rate by the contributory negligence of Ajit Singh ? (2) Is the amount of compensation awarded by the Tribunal liable to be enhanced or reduced ? (1) The learned Tribunal carefully considered the whole evidence on record and I am in full agreement with its finding that the accident was caused by the negligence of the truck driver and that there was no contributory negligence on the part of Ajit Singh. The facts disclosed in the evidence are as follows:

( 3 ) THE truck was going initially by the left side of the road as required by the rule of the road. It was found, however, that a bus was parked on the road in front of it. It has, therefore, to over take the bus by going to the right side of the road. While the truck was on

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